3. Right to apply.4. Jurisdiction.5. Staying or transfer of proceedings.

PART III

PROCEEDINGS FOR PROPERTY ADJUSTMENTAND MAINTENANCE

APPLICATIONS

6. Application for property adjustments and maintenance.7. Prerequisites.8. Time limit.9. End of financial relationship.

ADJUSTMENT OF PROPERTY INTERESTS

10. Adjustment order.11. Adjournment, change in circumstances.12. Deferment of order.13. Effect of death on application.

MAINTENANCE

14. No general right to maintenance.15. Order for maintenance.

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ARRANGEMENT OF SECTIONS—ContinuedSECTION

16. Interim orders.17. Effect of subsequent relationship or marriage.18. Effect of death.19. Duration of orders.20. Variation, revocation or extension.21. Orders, etc., of the Court.22. Variation and setting aside of orders.

PART IV

COHABITATION AND SEPARATION AGREEMENTS23. Interpretation.

24. Entering into agreements.

25. Cohabitation agreement.

26. Separation agreement.

27. Law of contract.

28. Effect of agreement.

29. Varying or setting aside.

30. Effect of death.

PART V

MISCELLANEOUS31. Rules of Court.

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CHAPTER 45:55

COHABITATIONAL RELATIONSHIPS ACT

An Act to confer on cohabitants rights and obligations, togive the Courts jurisdiction to make orders with respectto interests in property and maintenance, to makeprovision for the enforcement of agreements and formatters incidental thereto.

[23RD NOVEMBER 1998]

PART I

PRELIMINARY

1. This Act may be cited as the CohabitationalRelationships Act.

2. (1) In this Act—“adjustment order” means an order referred to in section 4(1)(a);“applicant” includes a cross-applicant;“cohabitant” means—

(a) in relation to a man, a woman who is living orhas lived with a man as his wife in a cohabitationalrelationship; and

(b) in relation to a woman, a man who is living withor has lived with a woman as her husband in acohabitational relationship;

“cohabitational relationship” means the relationship betweencohabitants, who not being married to each other are livingor have lived together as husband and wife on a bona fidedomestic basis;

“child” when used in relation to the parties of a cohabitationalrelationship means a child of either party or both parties andincludes an adopted child;

“Court” means a Court conferred with jurisdiction under Part II;“High Court” means the High Court of Justice or a Judge thereof;

30 of 1998.

Commencement.

Short title.

Interpretationand application.

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“Magistrate’s Court” means a Court of summary jurisdictionwithin the meaning of the Summary Courts Act;

“maintenance order” means an order referred to in section 4(1)(b);“property” includes real and personal property and any

(2) This Act does not apply to or in respect of acohabitational relationship which ceased before the cominginto force of this Act.

(3) Nothing in this Act derogates from or affects theright of a person to apply for any remedy or relief under anyother law.

PART II

JURISDICTION

3. (1) Subject to the provisions of this Act, a cohabitantmay apply to the Court for an order or other relief.

(2) The Court shall not make an order under this Actunless it is satisfied that—

(a) the parties to the application are or either ofthem is domiciled in Trinidad and Tobago; and

(b) both parties lived together in Trinidad and Tobagofor at least one-third the duration of theircohabitational relationship.

4. (1) The High Court shall have jurisdiction to make anyorder or grant any relief under this Act, including—

(a) in relation to property, an order declaring a titleor right, or adjusting an interest; or

(b) an order for—(i) the periodical payment to a cohabitant of

such sums of money and such term as maybe specified; or

(ii) the payment to a cohabitant of such lumpsum as may be specified.

(2) The Magistrate’s Court shall have jurisdictionunder this Act to make maintenance orders only.

Ch. 4:20.

Right to apply.

Jurisdiction.

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Staying ortransferof proceedings.

Application forpropertyadjustments andmaintenance.

Prerequisites.

Time limit.

5. (1) Where proceedings have been instituted under thisAct in relation to a person, and it appears to the Court that otherproceedings have been instituted by, or in relation to, the sameperson in another Court, the first mentioned Court may—

(a) stay the proceedings before it for such time as itthinks fit; or

(b) dismiss the proceedings.(2) Where there are pending in Court, proceedings that

have been instituted under this Act and it appears to the Court,that it is in the interest of justice, that the proceedings be dealtwith in another Court having jurisdiction under this Act, the Courtmay transfer the proceedings to that other Court.

PART III

PROCEEDINGS FOR PROPERTY ADJUSTMENTAND MAINTENANCE

APPLICATIONS

6. Under this Part, a cohabitant may apply—(a) to the High Court for the granting of an

adjustment order or for the granting of amaintenance order; or

(b) to the Magistrate’s Court for the granting of amaintenance order.

7. The Court shall not make an order under section 6unless it is satisfied that—

(a) the applicant lived in a cohabitational relationshipwith the respondent for a period of not less thanfive years; or

(b) the applicant has a child arising out of thecohabitational relationship; or

(c) the applicant has made substantial contributionsof the kind referred to in section 10,

and that failure to make the order would result in grave injusticeto the applicant.

8. (1) Where cohabitants have ceased to live together ashusband and wife on a bona fide domestic basis, an application

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End of financialrelationship.

Adjustmentorder.

Adjournment,change incircumstances.

under this Part shall be made within two years after the day onwhich they so ceased to live.

(2) The Court may grant leave to a cohabitant to applyfor an order after the expiration of the period referred to insubsection (1), if the Court is satisfied that not to do so wouldcause undue hardship to the cohabitant or a child of thecohabitational relationship.

9. In proceedings for an order under this Part, the Courtshall, so far as is practicable, make such order or orders as willend the financial relationship between the cohabitants and avoidfurther proceedings between them.

ADJUSTMENT OF PROPERTY INTERESTS

10. (1) On an application for an adjustment order, the HighCourt may make any such order as is just and equitable, havingregard to—

(a) the financial contributions made directly orindirectly by or on behalf of the cohabitants tothe acquisition or improvement of the propertyand the financial resources of the partners; and

(b) any other contributions, including anycontribution made in the capacity of homemakeror parent, made by either of the cohabitants tothe welfare of the family constituted by them;

(c) the right, title, interest or claim of a legal spousein the property.

(2) The Court may make an order under subsection (1) asto the title or rights of a cohabitant in respect of the property ofeither or both cohabitants.

(3) An adjustment order made under this Part is bindingon the parties to the proceedings, but not on any other person.

11. (1) Without limiting the power of the Court to grant anadjournment in relation to any proceedings before it, where on an

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application by a cohabitant under this Part for an adjustmentorder, the Court is of the opinion—

(a) that there is likely to be a significant change inthe financial circumstances of the cohabitants,or either of them, and that having regard to thetime when that change is likely to take place, it isreasonable to adjourn the proceedings; and

(b) that to make an order with respect to the propertyof the partners when the changed financialcircumstances occur is more likely to do justicethan an immediate order,

the Court may, upon an application by either cohabitant, adjournproceedings to such time as the Court thinks fit.

(2) In forming an opinion as to whether there is likely tobe a significant change in the financial circumstances of eitheror both the cohabitants the Court may have regard to any changein the financial circumstances of a cohabitant that may occur byreason that the cohabitant—

(a) is a contributor to a deferred annuity plan orpension fund plan or participates in any plan orarrangement that is in the nature of an annuity;

(b) may become entitled to a superannuationbenefit; or

(c) may become entitled to property, as the resultof the exercise in his favour, by the trustee ofa discretionary trust, of a power to distributetrust properties.

(3) For the purpose of subsection (2) a deferredannuity plan or pension fund plan has the meaning assignedto it by section 28(1)(b) and (c) of the Income Tax Act andsuperannuation benefit means any pension, gratuity or anyallowance provided for under a written law.

12. Where the Court is satisfied that a cohabitant in respectof whom an adjustment order is made is entitled or likely to becomeentitled to property which may be applied in satisfaction of the

Ch. 75:01.

Deferment oforder.

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order, the Court may defer the operation of the order until suchdate, or the occurrence of such event, as is specified in the order.

13. (1) Where, before an application for an adjustmentorder under section 6 is determined, either party to the applicationdies, the application may be continued by or against the legalpersonal representative of the deceased party.

(2) Where the Court is of the opinion—(a) that it would have adjusted interest in respect of

property if the deceased party had not died; and(b) that, notwithstanding the death of the deceased

party, it is still appropriate to adjust those interests,the Court may make an order in respect of that property.

(3) An order made under this section may be enforcedon behalf of, or against the estate of the deceased party.

(4) Rules of Court made under section 31 may providefor the substitution of the legal personal representative as a partyto the application.

MAINTENANCE

14. Except as otherwise provided by this Act, one cohabitantis not liable to maintain the other cohabitant and a cohabitant isnot entitled to claim maintenance from the other.

15. (1) A Court may make a maintenance order, where it issatisfied as to one or more of the following matters:

(a) that the applicant is unable to support himselfadequately by reason of having the care andcontrol of a child of the cohabitationalrelationship, or a child of the respondent, beingin either case, a child who is—

(i) under the age of 12 years; or(ii) in the case of a physically disabled or

mentally ill child, under the age of 18 years;(b) that the applicant’s earning capacity has been

adversely affected by the circumstances of the

Effect of deathon application.

No general rightto maintenance.

Order formaintenance.

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relationship, and in the opinion of the Court amaintenance order would increase the applicant’searning capacity by enabling the applicant toundertake a course or programme of training oreducation; and

(c) having regard to all the circumstances of the case,it is reasonable to make the order.

(2) In determining whether to make a maintenance orderand in fixing the amount to be paid pursuant to such an order, theCourt shall have regard to—

(a) the age and state of health of each of thecohabitants including the physical and mentaldisability of each cohabitant;

(b) the income, property and financial resources ofeach cohabitant;

(c) the financial needs and obligations of eachcohabitant;

(d) the responsibilities of either cohabitant to supportany other person;

(e) the terms of any order made under section 10with respect to the property of the cohabitants;

(f) the duration of the relationship;(g) a standard of living, that in all the circumstances

is reasonable;(h) the extent to which the applicant has contributed

to the income, earning capacity, property andfinancial resources of the other cohabitant;

(i) the terms of any order made by a Court in respectof the maintenance of a child or children in thecare and control of the applicant;

(j) any fact or circumstance that, in the opinion ofthe Court, the justice of the case requires to betaken into account.

(3) In subsection (1)(a), “mentally ill” has the samemeaning assigned to it by section 2 of the Mental Health Act. Ch. 28:02.

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Interim orders.

Effect ofsubsequentrelationship ormarriage.

Effect of death.

Duration oforders.

Variation,revocation orextension.

16. Where it appears to the Court that a cohabitant, applyingfor a maintenance order, is in immediate need of financialassistance, the Court may make an interim order for thepayment of reasonable periodic sums until the application isfinally determined.

17. (1) The Court may not make a maintenance order infavour of a cohabitant who has entered into a subsequentcohabitational relationship or has married or remarried.

(2) A maintenance order shall cease to have effect on themarriage or remarriage of the cohabitant in whose favour theorder was made.

18. (1) Where, before an application for maintenance isdetermined, either cohabitant dies, the application shall abate.

(2) A maintenance order shall cease to have effect onthe death of either of the cohabitants.

19. (1) A maintenance order may apply for such period asmay be determined by the Court, but shall not exceed three yearsfrom the date on which the order was made.

(2) Where the Court makes a maintenance order, beingan order made where the Court is satisfied solely as to the mattersspecified in section 15(1)(a), the order shall cease to have effecton the day on which the cohabitant in whose favour the orderwas made, ceases to have the care and control of the child orchildren, as the case may be.

20. (1) The Court may, upon the application of eithercohabitant, vary or revoke a maintenance order.

(2) Where the Court makes a maintenance order for aperiod shorter than the period permissible under section 19(1), thecohabitant in whose favour the order was made may, at anytime before the expiration of that order, apply to the Court for anextension of the period.

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Orders, etc., ofthe Court.

Variation andsetting aside oforders.

POWERS OF COURT

21. (1) The Court, in exercising its powers under this Actmay do any one or more of the following:

(a) order the transfer of property;(b) order the sale of property and the distribution of

proceeds of sale in such proportions as the Courtthinks fit;

(c) order that any necessary deed or instrument beexecuted and that documents of title be producedor such other things be done as are necessary toenable an order to be carried out effectively;

(d) order payment of a lump sum;(e) order payment of a weekly, monthly, yearly or

other periodic sum;(f) appoint or remove trustees;(g) make an order or grant an injunction in relation

to the use or occupancy of the home occupied bythe cohabitants;

(h) where one cohabitant is the lessee of the homeoccupied by both cohabitants, and uponseparation, the other cohabitant wishes to remainin the home, the Court may, with the consent ofthe lessor, order that the lease be assigned;

(i) make any order or grant any injunction which itconsiders necessary and which it is empoweredto make or grant under any other law.

22. Where, on the application by a person affected by anorder made under section 10 or 15, the Court is satisfied that—

(a) there has been a miscarriage of justice byreason of fraud, duress, suppression ofevidence, the giving of false evidence or anyother circumstances;

(b) in the circumstances that have arisen since theorder was made, it is impracticable for the orderor any part of the order to be carried out;

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Interpretation.

Entering intoagreements.

Cohabitationagreement.

(c) a person has defaulted in carrying out anobligation imposed on the person by the orderand, in the circumstances that have arisen as aresult of that default, it is just and equitable tovary the order or to set the order aside and makea new order in substitution thereof,

the Court may, in its discretion, vary the order or set the orderaside and, if it thinks fit, make another order in accordance withthe provisions of this Act in substitution for the order set aside.

PART IV

COHABITATION AND SEPARATION AGREEMENTS

23. (1) In this Part—“cohabitation agreement” means an agreement whether

made before or after the commencement of this Act, whichmakes provision with respect to financial and othermatters, and includes an agreement which varies acohabitation agreement;

“separation agreement” means an agreement whether madebefore or after the commencement of this Act, whichmakes provision with respect to financial and other mattersand includes an agreement which varies an earliercohabitation agreement or separation agreement.

24. (1) A man and a woman who are not married to eachother may enter into a cohabitation agreement or a separationagreement for the purpose of facilitating their affairs underthis Act.

(2) Nothing in a cohabitation or separation agreementaffects the power of a Court to make an order with respect tothe right to custody in relation to the children of the parties tothe agreement.

25. (1) A man and a woman who intend to cohabit orwho are cohabiting partners, may enter into an agreement inwhich they agree on their respective rights and obligations

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Separationagreement.

Law of contract.

Effect ofagreement.

during the period of cohabitation, or ceasing to cohabit, or ondeath, including—

(a) their interests in or division of property;(b) their maintenance obligations;(c) the right to direct the education and moral training

of their children; and(d) any other matter in the settlement of their affairs.

(2) If the parties to a cohabitation agreement marry eachother, the agreement shall be unenforceable.

26. A man and a woman who are cohabitants or who were ina cohabitational relationship and are subsequently living separateand apart may enter into an agreement in which they agree ontheir respective rights and obligations, including—

(a) their interests in or division of property;(b) their maintenance obligations;(c) the right to direct the education and training of

their children; and(d) any other matter in the settlement of their affairs.

27. Except as otherwise provided by this Part any agreemententered into under sections 25 and 26 shall be subject to andenforceable in accordance with the law of contract.

28. (1) Where on an application by a cohabitant for an orderunder Part III, a Court is satisfied that—

(a) there is a cohabitation agreement or separationagreement between the parties;

(b) the agreement is in writing;(c) the agreement is signed by the parties and

witnessed by an Attorney-at-law;(d) each cohabitant was, before the time at which

the agreement was signed, advised by anAttorney-at-law as to the following matters:

(i) the effect of the agreement on the right ofa cohabitant to apply for an order underPart III;

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(ii) whether or not it was financially prudentto enter the agreement; and

(iii) whether or not the provisions of theagreement were fair and reasonable,

the Court shall not, except as provided by section 29 make anorder under Part III in so far as the order would be inconsistentwith the terms of the agreement.

(2) Where, on an application by a cohabitant for an orderunder Part III, the Court is satisfied that there is a cohabitationagreement or separation agreement between the parties, but theCourt is not satisfied as to any one or more of the matters referredto in subsection (1), the Court may make such order as it couldhave made, if there was no such agreement in existence.

(3) The Court may make an order referred to insubsection (2) notwithstanding that a cohabitation or separationagreement purports to exclude the jurisdiction of the Court.

29. (1) On an application by a cohabitant for an order underPart III, the Court may vary or set aside one or more of theprovisions of a cohabitation agreement, where in the opinion ofthe Court, the circumstances of the partners have so changed, thatit would lead to a grave injustice, if the provisions of the agreementor any one of them were to be enforced.

(2) In the determination of a matter respecting the support,education, moral training or custody of, or access to a child, theCourt may disregard any provisions of a cohabitation or separationagreement, where, in the opinion of the Court, it is in the bestinterest of the child to do so.

(3) On an application under Parts II or III, the Courtmay set aside a cohabitation or separation agreement or anyprovision in it, if one party failed to disclose to the other, significantassets, or debts or other liabilities existing when the contract wasentered into.

30. (1) The provisions of a cohabitation or separationagreement relating to the payment of periodic maintenance, shall

Varying orsetting aside.

Effect of death.

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on the death of the cohabitant who is required to make thosepayments, be unenforceable against the estate of the deceased.

(2) Unless the agreement provides otherwise, provisionsrelating to lump sum payments and property may be enforcedagainst the estate of the deceased partner.

PART V

MISCELLANEOUS

31. The Rules Committee established by section 77 of theSupreme Court of Judicature Act may make Rules prescribing anymatter of procedure that is necessary or expedient for the purposesof any of the provisions of this Act and for conferring anyappropriate powers ancillary to the exercise of any jurisdictionconferred by this Act.

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